As Reported by the Senate Judiciary--Criminal Justice Committee

127th General Assembly Regular Session 2007-2008

Sub. S. B. No. 220

Senator Schuring 

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A BILL

To amend sections 2929.01, 2929.14, and 2929.24 and

1

to enact section 2941.1421 of the Revised Code to

2

authorize a court to impose an additional jail or

3

prison term on an offender convicted of any one of

4

certain prostitution, procuring, and soliciting

5

offenses and of a specification that the offense

6

was committed in proximity to a school and to

7

authorize the court to require the offender in

8

lieu of the additional prison or jail term to wear

9

a real-time processing, continual tracking

10

electronic monitoring device for a period of time

11

that the additional term could have been imposed.

12

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2929.01, 2929.14, and 2929.24 be	13
amended and section 2941.1421 of the Revised Code be enacted to	14
read as follows:	15

Sec. 2929.01.  As used in this chapter:

16

(A)(1) "Alternative residential facility" means, subject to	17
division (A)(2) of this section, any facility other than an	18
offender's home or residence in which an offender is assigned to	19
live and that satisfies all of the following criteria:	20

(a) It provides programs through which the offender may seek	21
or maintain employment or may receive education, training,	22
treatment, or habilitation.	23

(b) It has received the appropriate license or certificate	24
for any specialized education, training, treatment, habilitation,	25
or other service that it provides from the government agency that	26
is responsible for licensing or certifying that type of education,	27
training, treatment, habilitation, or service.	28

(2) "Alternative residential facility" does not include a	29
community-based correctional facility, jail, halfway house, or	30
prison.	31

(B) "Bad time" means the time by which the parole board	32
administratively extends an offender's stated prison term or terms	33
pursuant to section 2967.11 of the Revised Code because the parole	34
board finds by clear and convincing evidence that the offender,	35
while serving the prison term or terms, committed an act that is a	36
criminal offense under the law of this state or the United States,	37
whether or not the offender is prosecuted for the commission of	38
that act.	39

(C) "Basic probation supervision" means a requirement that	40
the offender maintain contact with a person appointed to supervise	41
the offender in accordance with sanctions imposed by the court or	42
imposed by the parole board pursuant to section 2967.28 of the	43
Revised Code. "Basic probation supervision" includes basic parole	44
supervision and basic post-release control supervision.	45

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	46
"unit dose" have the same meanings as in section 2925.01 of the	47
Revised Code.	48

(E) "Community-based correctional facility" means a	49
community-based correctional facility and program or district	50
community-based correctional facility and program developed	51
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	52

(F) "Community control sanction" means a sanction that is not	53
a prison term and that is described in section 2929.15, 2929.16,	54
2929.17, or 2929.18 of the Revised Code or a sanction that is not	55
a jail term and that is described in section 2929.26, 2929.27, or	56
2929.28 of the Revised Code. "Community control sanction"	57
includes probation if the sentence involved was imposed for a	58
felony that was committed prior to July 1, 1996, or if the	59
sentence involved was imposed for a misdemeanor that was committed	60
prior to January 1, 2004.	61

(G) "Controlled substance," "marihuana," "schedule I," and	62
"schedule II" have the same meanings as in section 3719.01 of the	63
Revised Code.	64

(H) "Curfew" means a requirement that an offender during a	65
specified period of time be at a designated place.	66

(I) "Day reporting" means a sanction pursuant to which an	67
offender is required each day to report to and leave a center or	68
other approved reporting location at specified times in order to	69
participate in work, education or training, treatment, and other	70
approved programs at the center or outside the center.	71

(J) "Deadly weapon" has the same meaning as in section	72
2923.11 of the Revised Code.	73

(K) "Drug and alcohol use monitoring" means a program under	74
which an offender agrees to submit to random chemical analysis of	75
the offender's blood, breath, or urine to determine whether the	76
offender has ingested any alcohol or other drugs.	77

(L) "Drug treatment program" means any program under which a	78
person undergoes assessment and treatment designed to reduce or	79
completely eliminate the person's physical or emotional reliance	80
upon alcohol, another drug, or alcohol and another drug and under	81
which the person may be required to receive assessment and	82
treatment on an outpatient basis or may be required to reside at a	83
facility other than the person's home or residence while	84
undergoing assessment and treatment.	85

(M) "Economic loss" means any economic detriment suffered by	86
a victim as a direct and proximate result of the commission of an	87
offense and includes any loss of income due to lost time at work	88
because of any injury caused to the victim, and any property loss,	89
medical cost, or funeral expense incurred as a result of the	90
commission of the offense. "Economic loss" does not include	91
non-economic loss or any punitive or exemplary damages.	92

(N) "Education or training" includes study at, or in	93
conjunction with a program offered by, a university, college, or	94
technical college or vocational study and also includes the	95
completion of primary school, secondary school, and literacy	96
curricula or their equivalent.	97

(O) "Firearm" has the same meaning as in section 2923.11 of	98
the Revised Code.	99

(P) "Halfway house" means a facility licensed by the division	100
of parole and community services of the department of	101
rehabilitation and correction pursuant to section 2967.14 of the	102
Revised Code as a suitable facility for the care and treatment of	103
adult offenders.	104

(Q) "House arrest" means a period of confinement of an	105
offender that is in the offender's home or in other premises	106
specified by the sentencing court or by the parole board pursuant	107
to section 2967.28 of the Revised Code and during which all of the	108
following apply:	109

(1) The offender is required to remain in the offender's home	110
or other specified premises for the specified period of	111
confinement, except for periods of time during which the offender	112
is at the offender's place of employment or at other premises as	113
authorized by the sentencing court or by the parole board.	114

(2) The offender is required to report periodically to a	115
person designated by the court or parole board.	116

(3) The offender is subject to any other restrictions and	117
requirements that may be imposed by the sentencing court or by the	118
parole board.	119

(R) "Intensive probation supervision" means a requirement	120
that an offender maintain frequent contact with a person appointed	121
by the court, or by the parole board pursuant to section 2967.28	122
of the Revised Code, to supervise the offender while the offender	123
is seeking or maintaining necessary employment and participating	124
in training, education, and treatment programs as required in the	125
court's or parole board's order. "Intensive probation supervision"	126
includes intensive parole supervision and intensive post-release	127
control supervision.	128

(S) "Jail" means a jail, workhouse, minimum security jail, or	129
other residential facility used for the confinement of alleged or	130
convicted offenders that is operated by a political subdivision or	131
a combination of political subdivisions of this state.	132

(T) "Jail term" means the term in a jail that a sentencing	133
court imposes or is authorized to impose pursuant to section	134
2929.24 or 2929.25 of the Revised Code or pursuant to any other	135
provision of the Revised Code that authorizes a term in a jail for	136
a misdemeanor conviction.	137

(U) "Mandatory jail term" means the term in a jail that a	138
sentencing court is required to impose pursuant to division (G) of	139
section 1547.99 of the Revised Code, division (E) of section	140
2903.06 or division (D) of section 2903.08 of the Revised Code,	141
division (E) of section 2929.24 of the Revised Code, division (B)	142
of section 4510.14 of the Revised Code, or division (G) of section	143
4511.19 of the Revised Code or pursuant to any other provision of	144
the Revised Code that requires a term in a jail for a misdemeanor	145
conviction.	146

(V) "Delinquent child" has the same meaning as in section	147
2152.02 of the Revised Code.	148

(W) "License violation report" means a report that is made by	149
a sentencing court, or by the parole board pursuant to section	150
2967.28 of the Revised Code, to the regulatory or licensing board	151
or agency that issued an offender a professional license or a	152
license or permit to do business in this state and that specifies	153
that the offender has been convicted of or pleaded guilty to an	154
offense that may violate the conditions under which the offender's	155
professional license or license or permit to do business in this	156
state was granted or an offense for which the offender's	157
professional license or license or permit to do business in this	158
state may be revoked or suspended.	159

(X) "Major drug offender" means an offender who is convicted	160
of or pleads guilty to the possession of, sale of, or offer to	161
sell any drug, compound, mixture, preparation, or substance that	162
consists of or contains at least one thousand grams of hashish; at	163
least one hundred grams of crack cocaine; at least one thousand	164
grams of cocaine that is not crack cocaine; at least two thousand	165
five hundred unit doses or two hundred fifty grams of heroin; at	166
least five thousand unit doses of L.S.D. or five hundred grams of	167
L.S.D. in a liquid concentrate, liquid extract, or liquid	168
distillate form; or at least one hundred times the amount of any	169
other schedule I or II controlled substance other than marihuana	170
that is necessary to commit a felony of the third degree pursuant	171
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	172
Code that is based on the possession of, sale of, or offer to sell	173
the controlled substance.	174

(Y) "Mandatory prison term" means any of the following:

175

(1) Subject to division (Y)(2) of this section, the term in	176
prison that must be imposed for the offenses or circumstances set	177
forth in divisions (F)(1) to (8) or (F)(12) to (14) of section	178
2929.13 and division (D) of section 2929.14 of the Revised Code.	179
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	180
and 2925.11 of the Revised Code, unless the maximum or another	181
specific term is required under section 2929.14 or 2929.142 of the	182
Revised Code, a mandatory prison term described in this division	183
may be any prison term authorized for the level of offense.	184

(2) The term of sixty or one hundred twenty days in prison	185
that a sentencing court is required to impose for a third or	186
fourth degree felony OVI offense pursuant to division (G)(2) of	187
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	188
of the Revised Code or the term of one, two, three, four, or five	189
years in prison that a sentencing court is required to impose	190
pursuant to division (G)(2) of section 2929.13 of the Revised	191
Code.	192

(3) The term in prison imposed pursuant to division (A) of	193
section 2971.03 of the Revised Code for the offenses and in the	194
circumstances described in division (F)(11) of section 2929.13 of	195
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	196
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	197
2971.03 of the Revised Code and that term as modified or	198
terminated pursuant to section 2971.05 of the Revised Code.	199

(Z) "Monitored time" means a period of time during which an	200
offender continues to be under the control of the sentencing court	201
or parole board, subject to no conditions other than leading a	202
law-abiding life.	203

(AA) "Offender" means a person who, in this state, is	204
convicted of or pleads guilty to a felony or a misdemeanor.	205

(BB) "Prison" means a residential facility used for the	206
confinement of convicted felony offenders that is under the	207
control of the department of rehabilitation and correction but	208
does not include a violation sanction center operated under	209
authority of section 2967.141 of the Revised Code.	210

(CC) "Prison term" includes any of the following sanctions	211
for an offender:	212

(1) A stated prison term;

213

(2) A term in a prison shortened by, or with the approval of,	214
the sentencing court pursuant to section 2929.20, 2967.26,	215
5120.031, 5120.032, or 5120.073 of the Revised Code;	216

(3) A term in prison extended by bad time imposed pursuant to	217
section 2967.11 of the Revised Code or imposed for a violation of	218
post-release control pursuant to section 2967.28 of the Revised	219
Code.	220

(DD) "Repeat violent offender" means a person about whom both	221
of the following apply:	222

(1) The person is being sentenced for committing or for	223
complicity in committing any of the following:	224

(a) Aggravated murder, murder, any felony of the first or	225
second degree that is an offense of violence, or an attempt to	226
commit any of these offenses if the attempt is a felony of the	227
first or second degree;	228

(b) An offense under an existing or former law of this state,	229
another state, or the United States that is or was substantially	230
equivalent to an offense described in division (DD)(1)(a) of this	231
section.	232

(2) The person previously was convicted of or pleaded guilty	233
to an offense described in division (DD)(1)(a) or (b) of this	234
section.	235

(EE) "Sanction" means any penalty imposed upon an offender	236
who is convicted of or pleads guilty to an offense, as punishment	237
for the offense. "Sanction" includes any sanction imposed pursuant	238
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	239
2929.28 of the Revised Code.	240

(FF) "Sentence" means the sanction or combination of	241
sanctions imposed by the sentencing court on an offender who is	242
convicted of or pleads guilty to an offense.	243

(GG) "Stated prison term" means the prison term, mandatory	244
prison term, or combination of all prison terms and mandatory	245
prison terms imposed by the sentencing court pursuant to section	246
2929.14, 2929.142, or 2971.03 of the Revised Code. "Stated prison	247
term" includes any credit received by the offender for time spent	248
in jail awaiting trial, sentencing, or transfer to prison for the	249
offense and any time spent under house arrest or house arrest with	250
electronic monitoring imposed after earning credits pursuant to	251
section 2967.193 of the Revised Code.	252

(HH) "Victim-offender mediation" means a reconciliation or	253
mediation program that involves an offender and the victim of the	254
offense committed by the offender and that includes a meeting in	255
which the offender and the victim may discuss the offense, discuss	256
restitution, and consider other sanctions for the offense.	257

(II) "Fourth degree felony OVI offense" means a violation of	258
division (A) of section 4511.19 of the Revised Code that, under	259
division (G) of that section, is a felony of the fourth degree.	260

(JJ) "Mandatory term of local incarceration" means the term	261
of sixty or one hundred twenty days in a jail, a community-based	262
correctional facility, a halfway house, or an alternative	263
residential facility that a sentencing court may impose upon a	264
person who is convicted of or pleads guilty to a fourth degree	265
felony OVI offense pursuant to division (G)(1) of section 2929.13	266
of the Revised Code and division (G)(1)(d) or (e) of section	267
4511.19 of the Revised Code.	268

(KK) "Designated homicide, assault, or kidnapping offense,"	269
"violent sex offense," "sexual motivation specification,"	270
"sexually violent offense," "sexually violent predator," and	271
"sexually violent predator specification" have the same meanings	272
as in section 2971.01 of the Revised Code.	273

(LL) "Sexually oriented offense," "child-victim oriented	274
offense," and "tier III sex offender/child-victim offender," have	275
the same meanings as in section 2950.01 of the Revised Code.	276

(MM) An offense is "committed in the vicinity of a child" if	277
the offender commits the offense within thirty feet of or within	278
the same residential unit as a child who is under eighteen years	279
of age, regardless of whether the offender knows the age of the	280
child or whether the offender knows the offense is being committed	281
within thirty feet of or within the same residential unit as the	282
child and regardless of whether the child actually views the	283
commission of the offense.	284

(NN) "Family or household member" has the same meaning as in	285
section 2919.25 of the Revised Code.	286

(OO) "Motor vehicle" and "manufactured home" have the same	287
meanings as in section 4501.01 of the Revised Code.	288

(PP) "Detention" and "detention facility" have the same	289
meanings as in section 2921.01 of the Revised Code.	290

(QQ) "Third degree felony OVI offense" means a violation of	291
division (A) of section 4511.19 of the Revised Code that, under	292
division (G) of that section, is a felony of the third degree.	293

(RR) "Random drug testing" has the same meaning as in section	294
5120.63 of the Revised Code.	295

(SS) "Felony sex offense" has the same meaning as in section	296
2967.28 of the Revised Code.	297

(TT) "Body armor" has the same meaning as in section	298
2941.1411 of the Revised Code.	299

(UU) "Electronic monitoring" means monitoring through the use	300
of an electronic monitoring device.	301

(VV) "Electronic monitoring device" means any of the	302
following:	303

(1) Any device that can be operated by electrical or battery	304
power and that conforms with all of the following:	305

(a) The device has a transmitter that can be attached to a	306
person, that will transmit a specified signal to a receiver of the	307
type described in division (VV)(1)(b) of this section if the	308
transmitter is removed from the person, turned off, or altered in	309
any manner without prior court approval in relation to electronic	310
monitoring or without prior approval of the department of	311
rehabilitation and correction in relation to the use of an	312
electronic monitoring device for an inmate on transitional control	313
or otherwise is tampered with, that can transmit continuously and	314
periodically a signal to that receiver when the person is within a	315
specified distance from the receiver, and that can transmit an	316
appropriate signal to that receiver if the person to whom it is	317
attached travels a specified distance from that receiver.	318

(b) The device has a receiver that can receive continuously	319
the signals transmitted by a transmitter of the type described in	320
division (VV)(1)(a) of this section, can transmit continuously	321
those signals by telephone to a central monitoring computer of the	322
type described in division (VV)(1)(c) of this section, and can	323
transmit continuously an appropriate signal to that central	324
monitoring computer if the receiver is turned off or altered	325
without prior court approval or otherwise tampered with.	326

(c) The device has a central monitoring computer that can	327
receive continuously the signals transmitted by telephone by a	328
receiver of the type described in division (VV)(1)(b) of this	329
section and can monitor continuously the person to whom an	330
electronic monitoring device of the type described in division	331
(VV)(1)(a) of this section is attached.	332

(2) Any device that is not a device of the type described in	333
division (VV)(1) of this section and that conforms with all of the	334
following:	335

(a) The device includes a transmitter and receiver that can	336
monitor and determine the location of a subject person at any	337
time, or at a designated point in time, through the use of a	338
central monitoring computer or through other electronic means.	339

(b) The device includes a transmitter and receiver that can	340
determine at any time, or at a designated point in time, through	341
the use of a central monitoring computer or other electronic means	342
the fact that the transmitter is turned off or altered in any	343
manner without prior approval of the court in relation to the	344
electronic monitoring or without prior approval of the department	345
of rehabilitation and correction in relation to the use of an	346
electronic monitoring device for an inmate on transitional control	347
or otherwise is tampered with.	348

(3) Any type of technology that can adequately track or	349
determine the location of a subject person at any time and that is	350
approved by the director of rehabilitation and correction,	351
including, but not limited to, any satellite technology, voice	352
tracking system, or retinal scanning system that is so approved.	353

(WW) "Non-economic loss" means nonpecuniary harm suffered by	354
a victim of an offense as a result of or related to the commission	355
of the offense, including, but not limited to, pain and suffering;	356
loss of society, consortium, companionship, care, assistance,	357
attention, protection, advice, guidance, counsel, instruction,	358
training, or education; mental anguish; and any other intangible	359
loss.	360

(XX) "Prosecutor" has the same meaning as in section 2935.01	361
of the Revised Code.	362

(YY) "Continuous alcohol monitoring" means the ability to	363
automatically test and periodically transmit alcohol consumption	364
levels and tamper attempts at least every hour, regardless of the	365
location of the person who is being monitored.	366

(ZZ) A person is "adjudicated a sexually violent predator" if	367
the person is convicted of or pleads guilty to a violent sex	368
offense and also is convicted of or pleads guilty to a sexually	369
violent predator specification that was included in the	370
indictment, count in the indictment, or information charging that	371
violent sex offense or if the person is convicted of or pleads	372
guilty to a designated homicide, assault, or kidnapping offense	373
and also is convicted of or pleads guilty to both a sexual	374
motivation specification and a sexually violent predator	375
specification that were included in the indictment, count in the	376
indictment, or information charging that designated homicide,	377
assault, or kidnapping offense.	378

(AAA) An offense is "committed in proximity to a school" if	379
the offender commits the offense in a school safety zone or within	380
five hundred feet of any school building or the boundaries of any	381
school premises, regardless of whether the offender knows the	382
offense is being committed in a school safety zone or within five	383
hundred feet of any school building or the boundaries of any	384
school premises.	385

Sec. 2929.14.  (A) Except as provided in division (C),	386
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (G), (I), (J), or	387
(L) of this section and except in relation to an offense for	388
which a sentence of death or life imprisonment is to be imposed,	389
if the court imposing a sentence upon an offender for a felony	390
elects or is required to impose a prison term on the offender	391
pursuant to this chapter, the court shall impose a definite	392
prison term that shall be one of the following:	393

(1) For a felony of the first degree, the prison term shall	394
be three, four, five, six, seven, eight, nine, or ten years.	395

(2) For a felony of the second degree, the prison term shall	396
be two, three, four, five, six, seven, or eight years.	397

(3) For a felony of the third degree, the prison term shall	398
be one, two, three, four, or five years.	399

(4) For a felony of the fourth degree, the prison term shall	400
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	401
fourteen, fifteen, sixteen, seventeen, or eighteen months.	402

(5) For a felony of the fifth degree, the prison term shall	403
be six, seven, eight, nine, ten, eleven, or twelve months.	404

(B) Except as provided in division (C), (D)(1), (D)(2),	405
(D)(3), (D)(5), (D)(6), (G), (I), (J), or (L) of this section, in	406
section 2907.02 or 2907.05 of the Revised Code, or in Chapter	407
2925. of the Revised Code, if the court imposing a sentence upon	408
an offender for a felony elects or is required to impose a prison	409
term on the offender, the court shall impose the shortest prison	410
term authorized for the offense pursuant to division (A) of this	411
section, unless one or more of the following applies:	412

(1) The offender was serving a prison term at the time of the	413
offense, or the offender previously had served a prison term.	414

(2) The court finds on the record that the shortest prison	415
term will demean the seriousness of the offender's conduct or will	416
not adequately protect the public from future crime by the	417
offender or others.	418

(C) Except as provided in division (G) or (L) of this section	419
or in Chapter 2925. of the Revised Code, the court imposing a	420
sentence upon an offender for a felony may impose the longest	421
prison term authorized for the offense pursuant to division (A) of	422
this section only upon offenders who committed the worst forms of	423
the offense, upon offenders who pose the greatest likelihood of	424
committing future crimes, upon certain major drug offenders under	425
division (D)(3) of this section, and upon certain repeat violent	426
offenders in accordance with division (D)(2) of this section.	427

(D)(1)(a) Except as provided in division (D)(1)(e) of this	428
section, if an offender who is convicted of or pleads guilty to a	429
felony also is convicted of or pleads guilty to a specification of	430
the type described in section 2941.141, 2941.144, or 2941.145 of	431
the Revised Code, the court shall impose on the offender one of	432
the following prison terms:	433

(i) A prison term of six years if the specification is of the	434
type described in section 2941.144 of the Revised Code that	435
charges the offender with having a firearm that is an automatic	436
firearm or that was equipped with a firearm muffler or silencer on	437
or about the offender's person or under the offender's control	438
while committing the felony;	439

(ii) A prison term of three years if the specification is of	440
the type described in section 2941.145 of the Revised Code that	441
charges the offender with having a firearm on or about the	442
offender's person or under the offender's control while committing	443
the offense and displaying the firearm, brandishing the firearm,	444
indicating that the offender possessed the firearm, or using it to	445
facilitate the offense;	446

(iii) A prison term of one year if the specification is of	447
the type described in section 2941.141 of the Revised Code that	448
charges the offender with having a firearm on or about the	449
offender's person or under the offender's control while committing	450
the felony.	451

(b) If a court imposes a prison term on an offender under	452
division (D)(1)(a) of this section, the prison term shall not be	453
reduced pursuant to section 2929.20, section 2967.193, or any	454
other provision of Chapter 2967. or Chapter 5120. of the Revised	455
Code. A court shall not impose more than one prison term on an	456
offender under division (D)(1)(a) of this section for felonies	457
committed as part of the same act or transaction.	458

(c) Except as provided in division (D)(1)(e) of this section,	459
if an offender who is convicted of or pleads guilty to a violation	460
of section 2923.161 of the Revised Code or to a felony that	461
includes, as an essential element, purposely or knowingly causing	462
or attempting to cause the death of or physical harm to another,	463
also is convicted of or pleads guilty to a specification of the	464
type described in section 2941.146 of the Revised Code that	465
charges the offender with committing the offense by discharging a	466
firearm from a motor vehicle other than a manufactured home, the	467
court, after imposing a prison term on the offender for the	468
violation of section 2923.161 of the Revised Code or for the other	469
felony offense under division (A), (D)(2), or (D)(3) of this	470
section, shall impose an additional prison term of five years upon	471
the offender that shall not be reduced pursuant to section	472
2929.20, section 2967.193, or any other provision of Chapter 2967.	473
or Chapter 5120. of the Revised Code. A court shall not impose	474
more than one additional prison term on an offender under division	475
(D)(1)(c) of this section for felonies committed as part of the	476
same act or transaction. If a court imposes an additional prison	477
term on an offender under division (D)(1)(c) of this section	478
relative to an offense, the court also shall impose a prison term	479
under division (D)(1)(a) of this section relative to the same	480
offense, provided the criteria specified in that division for	481
imposing an additional prison term are satisfied relative to the	482
offender and the offense.	483

(d) If an offender who is convicted of or pleads guilty to	484
an offense of violence that is a felony also is convicted of or	485
pleads guilty to a specification of the type described in section	486
2941.1411 of the Revised Code that charges the offender with	487
wearing or carrying body armor while committing the felony offense	488
of violence, the court shall impose on the offender a prison term	489
of two years. The prison term so imposed shall not be reduced	490
pursuant to section 2929.20, section 2967.193, or any other	491
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	492
court shall not impose more than one prison term on an offender	493
under division (D)(1)(d) of this section for felonies committed as	494
part of the same act or transaction. If a court imposes an	495
additional prison term under division (D)(1)(a) or (c) of this	496
section, the court is not precluded from imposing an additional	497
prison term under division (D)(1)(d) of this section.	498

(e) The court shall not impose any of the prison terms	499
described in division (D)(1)(a) of this section or any of the	500
additional prison terms described in division (D)(1)(c) of this	501
section upon an offender for a violation of section 2923.12 or	502
2923.123 of the Revised Code. The court shall not impose any of	503
the prison terms described in division (D)(1)(a) of this section	504
or any of the additional prison terms described in division	505
(D)(1)(c) of this section upon an offender for a violation of	506
section 2923.13 of the Revised Code unless all of the following	507
apply:	508

(i) The offender previously has been convicted of aggravated	509
murder, murder, or any felony of the first or second degree.	510

(ii) Less than five years have passed since the offender was	511
released from prison or post-release control, whichever is later,	512
for the prior offense.	513

(f) If an offender is convicted of or pleads guilty to a	514
felony that includes, as an essential element, causing or	515
attempting to cause the death of or physical harm to another and	516
also is convicted of or pleads guilty to a specification of the	517
type described in section 2941.1412 of the Revised Code that	518
charges the offender with committing the offense by discharging a	519
firearm at a peace officer as defined in section 2935.01 of the	520
Revised Code or a corrections officer, as defined in section	521
2941.1412 of the Revised Code, the court, after imposing a prison	522
term on the offender for the felony offense under division (A),	523
(D)(2), or (D)(3) of this section, shall impose an additional	524
prison term of seven years upon the offender that shall not be	525
reduced pursuant to section 2929.20, section 2967.193, or any	526
other provision of Chapter 2967. or Chapter 5120. of the Revised	527
Code. A court shall not impose more than one additional prison	528
term on an offender under division (D)(1)(f) of this section for	529
felonies committed as part of the same act or transaction. If a	530
court imposes an additional prison term on an offender under	531
division (D)(1)(f) of this section relative to an offense, the	532
court shall not impose a prison term under division (D)(1)(a) or	533
(c) of this section relative to the same offense.	534

(2)(a) If division (D)(2)(b) of this section does not apply,	535
the court may impose on an offender, in addition to the longest	536
prison term authorized or required for the offense, an additional	537
definite prison term of one, two, three, four, five, six, seven,	538
eight, nine, or ten years if all of the following criteria are	539
met:	540

(i) The offender is convicted of or pleads guilty to a	541
specification of the type described in section 2941.149 of the	542
Revised Code that the offender is a repeat violent offender.	543

(ii) The offense of which the offender currently is convicted	544
or to which the offender currently pleads guilty is aggravated	545
murder and the court does not impose a sentence of death or life	546
imprisonment without parole, murder, terrorism and the court does	547
not impose a sentence of life imprisonment without parole, any	548
felony of the first degree that is an offense of violence and the	549
court does not impose a sentence of life imprisonment without	550
parole, or any felony of the second degree that is an offense of	551
violence and the trier of fact finds that the offense involved an	552
attempt to cause or a threat to cause serious physical harm to a	553
person or resulted in serious physical harm to a person.	554

(iii) The court imposes the longest prison term for the	555
offense that is not life imprisonment without parole.	556

(iv) The court finds that the prison terms imposed pursuant	557
to division (D)(2)(a)(iii) of this section and, if applicable,	558
division (D)(1) or (3) of this section are inadequate to punish	559
the offender and protect the public from future crime, because the	560
applicable factors under section 2929.12 of the Revised Code	561
indicating a greater likelihood of recidivism outweigh the	562
applicable factors under that section indicating a lesser	563
likelihood of recidivism.	564

(v) The court finds that the prison terms imposed pursuant to	565
division (D)(2)(a)(iii) of this section and, if applicable,	566
division (D)(1) or (3) of this section are demeaning to the	567
seriousness of the offense, because one or more of the factors	568
under section 2929.12 of the Revised Code indicating that the	569
offender's conduct is more serious than conduct normally	570
constituting the offense are present, and they outweigh the	571
applicable factors under that section indicating that the	572
offender's conduct is less serious than conduct normally	573
constituting the offense.	574

(b) The court shall impose on an offender the longest prison	575
term authorized or required for the offense and shall impose on	576
the offender an additional definite prison term of one, two,	577
three, four, five, six, seven, eight, nine, or ten years if all of	578
the following criteria are met:	579

(i) The offender is convicted of or pleads guilty to a	580
specification of the type described in section 2941.149 of the	581
Revised Code that the offender is a repeat violent offender.	582

(ii) The offender within the preceding twenty years has been	583
convicted of or pleaded guilty to three or more offenses described	584
in division (DD)(1) of section 2929.01 of the Revised Code,	585
including all offenses described in that division of which the	586
offender is convicted or to which the offender pleads guilty in	587
the current prosecution and all offenses described in that	588
division of which the offender previously has been convicted or to	589
which the offender previously pleaded guilty, whether prosecuted	590
together or separately.	591

(iii) The offense or offenses of which the offender currently	592
is convicted or to which the offender currently pleads guilty is	593
aggravated murder and the court does not impose a sentence of	594
death or life imprisonment without parole, murder, terrorism and	595
the court does not impose a sentence of life imprisonment without	596
parole, any felony of the first degree that is an offense of	597
violence and the court does not impose a sentence of life	598
imprisonment without parole, or any felony of the second degree	599
that is an offense of violence and the trier of fact finds that	600
the offense involved an attempt to cause or a threat to cause	601
serious physical harm to a person or resulted in serious physical	602
harm to a person.	603

(c) For purposes of division (D)(2)(b) of this section, two	604
or more offenses committed at the same time or as part of the same	605
act or event shall be considered one offense, and that one offense	606
shall be the offense with the greatest penalty.	607

(d) A sentence imposed under division (D)(2)(a) or (b) of	608
this section shall not be reduced pursuant to section 2929.20 or	609
section 2967.193, or any other provision of Chapter 2967. or	610
Chapter 5120. of the Revised Code. The offender shall serve an	611
additional prison term imposed under this section consecutively to	612
and prior to the prison term imposed for the underlying offense.	613

(e) When imposing a sentence pursuant to division (D)(2)(a)	614
or (b) of this section, the court shall state its findings	615
explaining the imposed sentence.	616

(3)(a) Except when an offender commits a violation of section	617
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	618
the violation is life imprisonment or commits a violation of	619
section 2903.02 of the Revised Code, if the offender commits a	620
violation of section 2925.03 or 2925.11 of the Revised Code and	621
that section classifies the offender as a major drug offender and	622
requires the imposition of a ten-year prison term on the offender,	623
if the offender commits a felony violation of section 2925.02,	624
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	625
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	626
division (C) of section 4729.51, or division (J) of section	627
4729.54 of the Revised Code that includes the sale, offer to sell,	628
or possession of a schedule I or II controlled substance, with the	629
exception of marihuana, and the court imposing sentence upon the	630
offender finds that the offender is guilty of a specification of	631
the type described in section 2941.1410 of the Revised Code	632
charging that the offender is a major drug offender, if the court	633
imposing sentence upon an offender for a felony finds that the	634
offender is guilty of corrupt activity with the most serious	635
offense in the pattern of corrupt activity being a felony of the	636
first degree, or if the offender is guilty of an attempted	637
violation of section 2907.02 of the Revised Code and, had the	638
offender completed the violation of section 2907.02 of the Revised	639
Code that was attempted, the offender would have been subject to a	640
sentence of life imprisonment or life imprisonment without parole	641
for the violation of section 2907.02 of the Revised Code, the	642
court shall impose upon the offender for the felony violation a	643
ten-year prison term that cannot be reduced pursuant to section	644
2929.20 or Chapter 2967. or 5120. of the Revised Code.	645

(b) The court imposing a prison term on an offender under	646
division (D)(3)(a) of this section may impose an additional prison	647
term of one, two, three, four, five, six, seven, eight, nine, or	648
ten years, if the court, with respect to the term imposed under	649
division (D)(3)(a) of this section and, if applicable, divisions	650
(D)(1) and (2) of this section, makes both of the findings set	651
forth in divisions (D)(2)(a)(iv) and (v) of this section.	652

(4) If the offender is being sentenced for a third or fourth	653
degree felony OVI offense under division (G)(2) of section 2929.13	654
of the Revised Code, the sentencing court shall impose upon the	655
offender a mandatory prison term in accordance with that division.	656
In addition to the mandatory prison term, if the offender is being	657
sentenced for a fourth degree felony OVI offense, the court,	658
notwithstanding division (A)(4) of this section, may sentence the	659
offender to a definite prison term of not less than six months and	660
not more than thirty months, and if the offender is being	661
sentenced for a third degree felony OVI offense, the sentencing	662
court may sentence the offender to an additional prison term of	663
any duration specified in division (A)(3) of this section. In	664
either case, the additional prison term imposed shall be reduced	665
by the sixty or one hundred twenty days imposed upon the offender	666
as the mandatory prison term. The total of the additional prison	667
term imposed under division (D)(4) of this section plus the sixty	668
or one hundred twenty days imposed as the mandatory prison term	669
shall equal a definite term in the range of six months to thirty	670
months for a fourth degree felony OVI offense and shall equal one	671
of the authorized prison terms specified in division (A)(3) of	672
this section for a third degree felony OVI offense. If the court	673
imposes an additional prison term under division (D)(4) of this	674
section, the offender shall serve the additional prison term after	675
the offender has served the mandatory prison term required for the	676
offense. In addition to the mandatory prison term or mandatory and	677
additional prison term imposed as described in division (D)(4) of	678
this section, the court also may sentence the offender to a	679
community control sanction under section 2929.16 or 2929.17 of the	680
Revised Code, but the offender shall serve all of the prison terms	681
so imposed prior to serving the community control sanction.	682

If the offender is being sentenced for a fourth degree felony	683
OVI offense under division (G)(1) of section 2929.13 of the	684
Revised Code and the court imposes a mandatory term of local	685
incarceration, the court may impose a prison term as described in	686
division (A)(1) of that section.	687

(5) If an offender is convicted of or pleads guilty to a	688
violation of division (A)(1) or (2) of section 2903.06 of the	689
Revised Code and also is convicted of or pleads guilty to a	690
specification of the type described in section 2941.1414 of the	691
Revised Code that charges that the victim of the offense is a	692
peace officer, as defined in section 2935.01 of the Revised Code,	693
or an investigator of the bureau of criminal identification and	694
investigation, as defined in section 2903.11 of the Revised Code,	695
the court shall impose on the offender a prison term of five	696
years. If a court imposes a prison term on an offender under	697
division (D)(5) of this section, the prison term shall not be	698
reduced pursuant to section 2929.20, section 2967.193, or any	699
other provision of Chapter 2967. or Chapter 5120. of the Revised	700
Code. A court shall not impose more than one prison term on an	701
offender under division (D)(5) of this section for felonies	702
committed as part of the same act.	703

(6) If an offender is convicted of or pleads guilty to a	704
violation of division (A)(1) or (2) of section 2903.06 of the	705
Revised Code and also is convicted of or pleads guilty to a	706
specification of the type described in section 2941.1415 of the	707
Revised Code that charges that the offender previously has been	708
convicted of or pleaded guilty to three or more violations of	709
division (A) or (B) of section 4511.19 of the Revised Code or an	710
equivalent offense, as defined in section 2941.1415 of the Revised	711
Code, or three or more violations of any combination of those	712
divisions and offenses, the court shall impose on the offender a	713
prison term of three years. If a court imposes a prison term on an	714
offender under division (D)(6) of this section, the prison term	715
shall not be reduced pursuant to section 2929.20, section	716
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	717
of the Revised Code. A court shall not impose more than one prison	718
term on an offender under division (D)(6) of this section for	719
felonies committed as part of the same act.	720

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	721
mandatory prison term is imposed upon an offender pursuant to	722
division (D)(1)(a) of this section for having a firearm on or	723
about the offender's person or under the offender's control while	724
committing a felony, if a mandatory prison term is imposed upon an	725
offender pursuant to division (D)(1)(c) of this section for	726
committing a felony specified in that division by discharging a	727
firearm from a motor vehicle, or if both types of mandatory prison	728
terms are imposed, the offender shall serve any mandatory prison	729
term imposed under either division consecutively to any other	730
mandatory prison term imposed under either division or under	731
division (D)(1)(d) of this section, consecutively to and prior to	732
any prison term imposed for the underlying felony pursuant to	733
division (A), (D)(2), or (D)(3) of this section or any other	734
section of the Revised Code, and consecutively to any other prison	735
term or mandatory prison term previously or subsequently imposed	736
upon the offender.	737

(b) If a mandatory prison term is imposed upon an offender	738
pursuant to division (D)(1)(d) of this section for wearing or	739
carrying body armor while committing an offense of violence that	740
is a felony, the offender shall serve the mandatory term so	741
imposed consecutively to any other mandatory prison term imposed	742
under that division or under division (D)(1)(a) or (c) of this	743
section, consecutively to and prior to any prison term imposed for	744
the underlying felony under division (A), (D)(2), or (D)(3) of	745
this section or any other section of the Revised Code, and	746
consecutively to any other prison term or mandatory prison term	747
previously or subsequently imposed upon the offender.	748

(c) If a mandatory prison term is imposed upon an offender	749
pursuant to division (D)(1)(f) of this section, the offender shall	750
serve the mandatory prison term so imposed consecutively to and	751
prior to any prison term imposed for the underlying felony under	752
division (A), (D)(2), or (D)(3) of this section or any other	753
section of the Revised Code, and consecutively to any other prison	754
term or mandatory prison term previously or subsequently imposed	755
upon the offender.	756

(2) If an offender who is an inmate in a jail, prison, or	757
other residential detention facility violates section 2917.02,	758
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	759
who is under detention at a detention facility commits a felony	760
violation of section 2923.131 of the Revised Code, or if an	761
offender who is an inmate in a jail, prison, or other residential	762
detention facility or is under detention at a detention facility	763
commits another felony while the offender is an escapee in	764
violation of section 2921.34 of the Revised Code, any prison term	765
imposed upon the offender for one of those violations shall be	766
served by the offender consecutively to the prison term or term of	767
imprisonment the offender was serving when the offender committed	768
that offense and to any other prison term previously or	769
subsequently imposed upon the offender.	770

(3) If a prison term is imposed for a violation of division	771
(B) of section 2911.01 of the Revised Code, a violation of	772
division (A) of section 2913.02 of the Revised Code in which the	773
stolen property is a firearm or dangerous ordnance, or a felony	774
violation of division (B) of section 2921.331 of the Revised Code,	775
the offender shall serve that prison term consecutively to any	776
other prison term or mandatory prison term previously or	777
subsequently imposed upon the offender.	778

(4) If multiple prison terms are imposed on an offender for	779
convictions of multiple offenses, the court may require the	780
offender to serve the prison terms consecutively if the court	781
finds that the consecutive service is necessary to protect the	782
public from future crime or to punish the offender and that	783
consecutive sentences are not disproportionate to the seriousness	784
of the offender's conduct and to the danger the offender poses to	785
the public, and if the court also finds any of the following:	786

(a) The offender committed one or more of the multiple	787
offenses while the offender was awaiting trial or sentencing, was	788
under a sanction imposed pursuant to section 2929.16, 2929.17, or	789
2929.18 of the Revised Code, or was under post-release control for	790
a prior offense.	791

(b) At least two of the multiple offenses were committed as	792
part of one or more courses of conduct, and the harm caused by two	793
or more of the multiple offenses so committed was so great or	794
unusual that no single prison term for any of the offenses	795
committed as part of any of the courses of conduct adequately	796
reflects the seriousness of the offender's conduct.	797

(c) The offender's history of criminal conduct demonstrates	798
that consecutive sentences are necessary to protect the public	799
from future crime by the offender.	800

(5) If a mandatory prison term is imposed upon an offender	801
pursuant to division (D)(5) or (6) of this section, the offender	802
shall serve the mandatory prison term consecutively to and prior	803
to any prison term imposed for the underlying violation of	804
division (A)(1) or (2) of section 2903.06 of the Revised Code	805
pursuant to division (A) of this section or section 2929.142 of	806
the Revised Code. If a mandatory prison term is imposed upon an	807
offender pursuant to division (D)(5) of this section, and if a	808
mandatory prison term also is imposed upon the offender pursuant	809
to division (D)(6) of this section in relation to the same	810
violation, the offender shall serve the mandatory prison term	811
imposed pursuant to division (D)(5) of this section consecutively	812
to and prior to the mandatory prison term imposed pursuant to	813
division (D)(6) of this section and consecutively to and prior to	814
any prison term imposed for the underlying violation of division	815
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	816
division (A) of this section or section 2929.142 of the Revised	817
Code.	818

(6) When consecutive prison terms are imposed pursuant to	819
division (E)(1), (2), (3), (4), or (5) or division (J)(1) or (2)	820
of this section, the term to be served is the aggregate of all of	821
the terms so imposed.	822

(F)(1) If a court imposes a prison term for a felony of the	823
first degree, for a felony of the second degree, for a felony sex	824
offense, or for a felony of the third degree that is not a felony	825
sex offense and in the commission of which the offender caused or	826
threatened to cause physical harm to a person, it shall include in	827
the sentence a requirement that the offender be subject to a	828
period of post-release control after the offender's release from	829
imprisonment, in accordance with that division. If a court imposes	830
a sentence including a prison term of a type described in this	831
division on or after July 11, 2006, the failure of a court to	832
include a post-release control requirement in the sentence	833
pursuant to this division does not negate, limit, or otherwise	834
affect the mandatory period of post-release control that is	835
required for the offender under division (B) of section 2967.28 of	836
the Revised Code. Section 2929.191 of the Revised Code applies if,	837
prior to July 11, 2006, a court imposed a sentence including a	838
prison term of a type described in this division and failed to	839
include in the sentence pursuant to this division a statement	840
regarding post-release control.	841

(2) If a court imposes a prison term for a felony of the	842
third, fourth, or fifth degree that is not subject to division	843
(F)(1) of this section, it shall include in the sentence a	844
requirement that the offender be subject to a period of	845
post-release control after the offender's release from	846
imprisonment, in accordance with that division, if the parole	847
board determines that a period of post-release control is	848
necessary. Section 2929.191 of the Revised Code applies if, prior	849
to July 11, 2006, a court imposed a sentence including a prison	850
term of a type described in this division and failed to include in	851
the sentence pursuant to this division a statement regarding	852
post-release control.	853

(G) The court shall impose sentence upon the offender in	854
accordance with section 2971.03 of the Revised Code, and Chapter	855
2971. of the Revised Code applies regarding the prison term or	856
term of life imprisonment without parole imposed upon the offender	857
and the service of that term of imprisonment if any of the	858
following apply:	859

(1) A person is convicted of or pleads guilty to a violent	860
sex offense or a designated homicide, assault, or kidnapping	861
offense, and, in relation to that offense, the offender is	862
adjudicated a sexually violent predator.	863

(2) A person is convicted of or pleads guilty to a violation	864
of division (A)(1)(b) of section 2907.02 of the Revised Code	865
committed on or after January 2, 2007, and either the court does	866
not impose a sentence of life without parole when authorized	867
pursuant to division (B) of section 2907.02 of the Revised Code,	868
or division (B) of section 2907.02 of the Revised Code provides	869
that the court shall not sentence the offender pursuant to	870
section 2971.03 of the Revised Code.	871

(3) A person is convicted of or pleads guilty to attempted	872
rape committed on or after January 2, 2007, and a specification	873
of the type described in section 2941.1418, 2941.1419, or	874
2941.1420 of the Revised Code.	875

(4) A person is convicted of or pleads guilty to a violation	876
of section 2905.01 of the Revised Code committed on or after the	877
effective date of this amendmentJanuary 1, 2008, and that section	878
requires the court to sentence the offender pursuant to section	879
2971.03 of the Revised Code.	880

(5) A person is convicted of or pleads guilty to aggravated	881
murder committed on or after the effective date of this amendment	882
January 1, 2008, and division (A)(2)(b)(ii) of section 2929.022,	883
division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b),	884
(D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or division (A)	885
or (B) of section 2929.06 of the Revised Code requires the court	886
to sentence the offender pursuant to division (B)(3) of section	887
2971.03 of the Revised Code.	888

(6) A person is convicted of or pleads guilty to murder	889
committed on or after the effective date of this amendmentJanuary	890
1, 2008, and division (B)(2) of section 2929.02 of the Revised	891
Code requires the court to sentence the offender pursuant to	892
section 2971.03 of the Revised Code.	893

(H) If a person who has been convicted of or pleaded guilty	894
to a felony is sentenced to a prison term or term of imprisonment	895
under this section, sections 2929.02 to 2929.06 of the Revised	896
Code, section 2929.142 of the Revised Code, section 2971.03 of the	897
Revised Code, or any other provision of law, section 5120.163 of	898
the Revised Code applies regarding the person while the person is	899
confined in a state correctional institution.	900

(I) If an offender who is convicted of or pleads guilty to a	901
felony that is an offense of violence also is convicted of or	902
pleads guilty to a specification of the type described in section	903
2941.142 of the Revised Code that charges the offender with having	904
committed the felony while participating in a criminal gang, the	905
court shall impose upon the offender an additional prison term of	906
one, two, or three years.	907

(J)(1) If an offender who is convicted of or pleads guilty to	908
aggravated murder, murder, or a felony of the first, second, or	909
third degree that is an offense of violence also is convicted of	910
or pleads guilty to a specification of the type described in	911
section 2941.143 of the Revised Code that charges the offender	912
with having committed the offense in a school safety zone or	913
towards a person in a school safety zone, the court shall impose	914
upon the offender an additional prison term of two years. The	915
offender shall serve the additional two years consecutively to and	916
prior to the prison term imposed for the underlying offense.	917

(2)(a) If an offender is convicted of or pleads guilty to a	918
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	919
of the Revised Code and to a specification of the type described	920
in section 2941.1421 of the Revised Code and if the court imposes	921
a prison term on the offender for the felony violation, the court	922
may impose upon the offender an additional prison term as follows:	923

(i) Subject to division (J)(2)(a)(ii) of this section, an	924
additional prison term of one, two, three, four, five, or six	925
months;	926

(ii) If the offender previously has been convicted of or	927
pleaded guilty to one or more felony or misdemeanor violations of	928
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	929
Revised Code and also was convicted of or pleaded guilty to a	930
specification of the type described in section 2941.1421 of the	931
Revised Code regarding one or more of those violations, an	932
additional prison term of one, two, three, four, five, six, seven,	933
eight, nine, ten, eleven, or twelve months.	934

(b) In lieu of imposing an additional prison term under	935
division (J)(2)(a) of this section, the court may directly impose	936
on the offender a sanction that requires the offender to wear a	937
real-time processing, continual tracking electronic monitoring	938
device during the period of time specified by the court. The	939
period of time specified by the court shall equal the duration of	940
an additional prison term that the court could have imposed upon	941
the offender under division (J)(2)(a) of this section. A sanction	942
imposed under this division shall commence on the date specified	943
by the court, provided that the sanction shall not commence until	944
after the offender has served the prison term imposed for the	945
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	946
of the Revised Code and any residential sanction imposed for the	947
violation under section 2929.16 of the Revised Code. A sanction	948
imposed under this division shall be considered to be a community	949
control sanction for purposes of section 2929.15 of the Revised	950
Code, and all provisions of the Revised Code that pertain to	951
community control sanctions shall apply to a sanction imposed	952
under this division, except to the extent that they would by their	953
nature be clearly inapplicable. The offender shall pay all costs	954
associated with a sanction imposed under this division, including	955
the cost of the use of the monitoring device.	956

(K) At the time of sentencing, the court may recommend the	957
offender for placement in a program of shock incarceration under	958
section 5120.031 of the Revised Code or for placement in an	959
intensive program prison under section 5120.032 of the Revised	960
Code, disapprove placement of the offender in a program of shock	961
incarceration or an intensive program prison of that nature, or	962
make no recommendation on placement of the offender. In no case	963
shall the department of rehabilitation and correction place the	964
offender in a program or prison of that nature unless the	965
department determines as specified in section 5120.031 or 5120.032	966
of the Revised Code, whichever is applicable, that the offender is	967
eligible for the placement.	968

If the court disapproves placement of the offender in a	969
program or prison of that nature, the department of rehabilitation	970
and correction shall not place the offender in any program of	971
shock incarceration or intensive program prison.	972

If the court recommends placement of the offender in a	973
program of shock incarceration or in an intensive program prison,	974
and if the offender is subsequently placed in the recommended	975
program or prison, the department shall notify the court of the	976
placement and shall include with the notice a brief description of	977
the placement.	978

If the court recommends placement of the offender in a	979
program of shock incarceration or in an intensive program prison	980
and the department does not subsequently place the offender in the	981
recommended program or prison, the department shall send a notice	982
to the court indicating why the offender was not placed in the	983
recommended program or prison.	984

If the court does not make a recommendation under this	985
division with respect to an offender and if the department	986
determines as specified in section 5120.031 or 5120.032 of the	987
Revised Code, whichever is applicable, that the offender is	988
eligible for placement in a program or prison of that nature, the	989
department shall screen the offender and determine if there is an	990
available program of shock incarceration or an intensive program	991
prison for which the offender is suited. If there is an available	992
program of shock incarceration or an intensive program prison for	993
which the offender is suited, the department shall notify the	994
court of the proposed placement of the offender as specified in	995
section 5120.031 or 5120.032 of the Revised Code and shall include	996
with the notice a brief description of the placement. The court	997
shall have ten days from receipt of the notice to disapprove the	998
placement.	999

(L) If a person is convicted of or pleads guilty to	1000
aggravated vehicular homicide in violation of division (A)(1) of	1001
section 2903.06 of the Revised Code and division (B)(2)(c) of that	1002
section applies, the person shall be sentenced pursuant to section	1003
2929.142 of the Revised Code.	1004

Sec. 2929.24.  (A) Except as provided in section 2929.22 or	1005
2929.23 of the Revised Code or division (E) or (F) of this section	1006
and unless another term is required or authorized pursuant to law,	1007
if the sentencing court imposing a sentence upon an offender for a	1008
misdemeanor elects or is required to impose a jail term on the	1009
offender pursuant to this chapter, the court shall impose a	1010
definite jail term that shall be one of the following:	1011

(1) For a misdemeanor of the first degree, not more than one	1012
hundred eighty days;	1013

(2) For a misdemeanor of the second degree, not more than	1014
ninety days;	1015

(3) For a misdemeanor of the third degree, not more than	1016
sixty days;	1017

(4) For a misdemeanor of the fourth degree, not more than	1018
thirty days.	1019

(B) A court that sentences an offender to a jail term under	1020
this section may permit the offender to serve the sentence in	1021
intermittent confinement or may authorize a limited release of the	1022
offender as provided in division (B) of section 2929.26 of the	1023
Revised Code.	1024

(C) If a court sentences an offender to a jail term under	1025
this section and the court assigns the offender to a county jail	1026
that has established a county jail industry program pursuant to	1027
section 5147.30 of the Revised Code, the court shall specify, as	1028
part of the sentence, whether the offender may be considered for	1029
participation in the program. During the offender's term in the	1030
county jail, the court retains jurisdiction to modify its	1031
specification regarding the offender's participation in the county	1032
jail industry program.	1033

(D) If a person is sentenced to a jail term pursuant to this	1034
section, the court may impose as part of the sentence pursuant to	1035
section 2929.28 of the Revised Code a reimbursement sanction, and,	1036
if the local detention facility in which the term is to be served	1037
is covered by a policy adopted pursuant to section 307.93, 341.14,	1038
341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or	1039
2947.19 of the Revised Code and section 2929.37 of the Revised	1040
Code, both of the following apply:	1041

(1) The court shall specify both of the following as part of	1042
the sentence:	1043

(a) If the person is presented with an itemized bill pursuant	1044
to section 2929.37 of the Revised Code for payment of the costs of	1045
confinement, the person is required to pay the bill in accordance	1046
with that section.	1047

(b) If the person does not dispute the bill described in	1048
division (D)(1)(a) of this section and does not pay the bill by	1049
the times specified in section 2929.37 of the Revised Code, the	1050
clerk of the court may issue a certificate of judgment against the	1051
person as described in that section.	1052

(2) The sentence automatically includes any certificate of	1053
judgment issued as described in division (D)(1)(b) of this	1054
section.	1055

(E) If an offender who is convicted of or pleads guilty to a	1056
violation of division (B) of section 4511.19 of the Revised Code	1057
also is convicted of or also pleads guilty to a specification of	1058
the type described in section 2941.1416 of the Revised Code and if	1059
the court imposes a jail term on the offender for the underlying	1060
offense, the court shall impose upon the offender an additional	1061
definite jail term of not more than six months. The additional	1062
jail term shall not be reduced pursuant to any provision of the	1063
Revised Code. The offender shall serve the additional jail term	1064
consecutively to and prior to the jail term imposed for the	1065
underlying offense and consecutively to any other mandatory term	1066
imposed in relation to the offense.	1067

(F)(1) If an offender is convicted of or pleads guilty to a	1068
misdemeanor violation of section 2907.23, 2907.24, 2907.241, or	1069
2907.25 of the Revised Code and to a specification of the type	1070
described in section 2941.1421 of the Revised Code and if the	1071
court imposes a jail term on the offender for the misdemeanor	1072
violation, the court may impose upon the offender an additional	1073
definite jail term as follows:	1074

(a) Subject to division (F)(1)(b) of this section, an	1075
additional definite jail term of not more than sixty days;	1076

(b) If the offender previously has been convicted of or	1077
pleaded guilty to one or more misdemeanor or felony violations of	1078
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	1079
Revised Code and also was convicted of or pleaded guilty to a	1080
specification of the type described in section 2941.1421 of the	1081
Revised Code regarding one or more of those violations, an	1082
additional definite jail term of not more than one hundred twenty	1083
days.	1084

(2) In lieu of imposing an additional definite jail term	1085
under division (F)(1) of this section, the court may directly	1086
impose on the offender a sanction that requires the offender to	1087
wear a real-time processing, continual tracking electronic	1088
monitoring device during the period of time specified by the	1089
court. The period of time specified by the court shall equal the	1090
duration of an additional jail term that the court could have	1091
imposed upon the offender under division (F)(1) of this section. A	1092
sanction imposed under this division shall commence on the date	1093
specified by the court, provided that the sanction shall not	1094
commence until after the offender has served the jail term imposed	1095
for the misdemeanor violation of section 2907.23, 2907.24,	1096
2907.241, or 2907.25 of the Revised Code and any residential	1097
sanction imposed for the violation under section 2929.26 of the	1098
Revised Code. A sanction imposed under this division shall be	1099
considered to be a community control sanction for purposes of	1100
section 2929.25 of the Revised Code, and all provisions of the	1101
Revised Code that pertain to community control sanctions shall	1102
apply to a sanction imposed under this division, except to the	1103
extent that they would by their nature be clearly inapplicable.	1104
The offender shall pay all costs associated with a sanction	1105
imposed under this division, including the cost of the use of the	1106
monitoring device.	1107

Sec. 2941.1421. (A) Imposition of an additional prison term	1108
of one, two, three, four, five, or six months under division	1109
(J)(2)(a)(i) of section 2929.14 of the Revised Code, an additional	1110
prison term of one, two, three, four, five, six, seven, eight,	1111
nine, ten, eleven, or twelve months under division (J)(2)(a)(ii)	1112
of section 2929.14 of the Revised Code, an additional definite	1113
jail term of not more than sixty days under division (F)(1)(a) of	1114
section 2929.24 of the Revised Code, or an additional definite	1115
jail term of not more than one hundred twenty days under division	1116
(F)(1)(b) of section 2929.24 of the Revised Code is precluded	1117
unless the indictment, count in the indictment, or information	1118
charging a felony violation of section 2907.22, 2907.24, 2907.241,	1119
or 2907.25 of the Revised Code or a misdemeanor violation of	1120
section 2907.23, 2907.24, 2907.241, or 2907.25 of the Revised	1121
Code, whichever is applicable, specifies that the violation was	1122
committed in proximity to a school. The specification shall be	1123
stated at the end of the body of the indictment, count, or	1124
information and shall be in substantially the following form:	1125

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	1126
Grand Jurors (or insert the person's or the prosecuting attorney's	1127
name when appropriate) further find and specify that (set forth	1128
that the specified offense was committed in proximity to a	1129
school).	1130

(B) As used in this section, "committed in proximity to a	1131
school" has the same meaning as in section 2929.01 of the Revised	1132
Code.	1133

Section 2. That existing sections 2929.01, 2929.14, and	1134
2929.24 of the Revised Code are hereby repealed.	1135